Author: PRASANNASRI26092001

EVOLUTION OF LABOUR LAW IN INDIA

AUTHOR – MADHUMITHA, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MADHUMITHA, EVOLUTION OF LABOUR LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 282-289, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The evolution of labour law in India reflects the socio-economic and political transformation of the country over time. Rooted in colonial influence and industrialization, Indian labour legislation has gradually shifted from a focus on employer control and industrial peace to the protection of workers’ rights, welfare, and social justice. This paper traces the historical development of labour laws from pre-independence statutes such as the Factories Act, 1881, to post-independence reforms, including the landmark Industrial Disputes Act, 1947. It also examines contemporary developments such as the introduction of the four Labour Codes in 2020, aiming to simplify and consolidate existing laws. The study highlights the dynamic interplay between judicial interpretation, economic liberalization, globalization, and labour rights movements in shaping labour jurisprudence. Through a critical analysis, the paper evaluates whether these changes have effectively balanced the interests of workers and employers in a rapidly changing economic environment.

Keywords:

Labour Law, India, Industrial Disputes, Labour Codes, Workers’ Rights, Industrial Relations, Social Justice, Legal Reform, Employment Legislation, Labour Welfare.

A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT

AUTHOR – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 276-281, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

§ 10 of the Industrial Disputes Act (“ID Act”) plays a multi-purpose role within the context of Industrial Disputes. It specifies the many criteria and circumstances under which the appropriate government may make or refuse to make a reference. The provision states that if the appropriate government believes an industrial dispute exists or is imminent, it may refer the issue to a board, a court of enquiry, or a labour court for settlement, enquiry, or adjudication at any time through a written order.^[1] The pivotal position of the section begs many questions which this paper seeks to answer through established holdings of the Indian Judiciary. Some of the several issues that will remain the key topics of discussion are:

• Is it possible for the government to refuse to refer a labour dispute?
• Is there any time-based limitation on when an industrial dispute can be referred?

These questions revolve around the primary question of how much discretionary power does the government have and how much should it have?

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[1] The Industrial Disputes Act, § 10, No. 14, Acts of Parliament, 1947.

RECOGNITION OF TRADE UNIONS IN INDIA: A COMPARATIVE ANALYSIS WITH THE UK AND US

AUTHOR – AMRIN SULTHANA B, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – AMRIN SULTHANA B, RECOGNITION OF TRADE UNIONS IN INDIA: A COMPARATIVE ANALYSIS WITH THE UK AND US, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 265-275, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The legislative framework pertaining to trade union recognition in India is examined in this article along with comparisons to the US and UK respective systems. It investigates the difficulties and changes in union recognition by looking at legislative laws, court rulings, and administrative procedures. Additionally, it incorporates insights from comparable models that may enhance democratic involvement and labor relations in Indian companies.

“ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”

AUTHOR – ABHAY JAISWAL* & DR. PRASHANT KUMAR VARUN** 

* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ABHAY JAISWAL & DR. PRASHANT KUMAR VARUN, “ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 256-264, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Access to justice stands as a fundamental pillar of any democratic society, aimed at ensuring the equal application of the rule of law. In India, this principle is constitutionally embedded in Article 39A, which obligates the State to extend free legal aid to individuals who cannot afford legal services, thus safeguarding their right to seek justice without discrimination based on financial or social status. Although the Legal Services Authorities Act, 1987 has laid down a comprehensive structure to provide such aid, the ground realities reveal a persistent gap between legal provisions and their practical implementation—especially for marginalized sections including economically weaker individuals, women, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups.

This research critically examines the journey of free legal aid in India, tracing its historical background, evaluating the current legal and institutional framework, and identifying the core issues that continue to hinder its effectiveness. Challenges such as public unawareness, inadequate resources, and substandard legal representation are highlighted as major barriers. The paper further assesses ongoing initiatives like the Tele-Law programme, legal awareness drives, and voluntary legal services to understand their role in enhancing outreach and access.

In conclusion, the study recommends actionable reforms—both administrative and policy-oriented—to reinforce the legal aid system and fulfill its constitutional mandate. It underscores the need to ensure that justice is not reserved for a privileged few but is an accessible and enforceable right for every citizen, particularly those at the margins of the legal system.

KEYWORDS – Access to Justice, Free Legal Aid, Article 39A, Legal Services Authorities Act, Marginalized Communities, Legal Empowerment, Social Justice, Rule of Law, Tele-Law Programme, Legal Literacy, Public Awareness, Constitutional Mandate, Legal Reforms, Vulnerable Groups, Equal Justice, Legal Aid Mechanism, India

“THE ROLE OF LEGAL EDUCATION IN PREPARING LAWYERS FOR AI-DRIVEN LEGAL PRACTICE”

AUTHOR – HARDIK PANDEY* & DR. JYOTSNA SINGH**

*  LL.M (BUSINESS LAW) SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – HARDIK PANDEY & DR. JYOTSNA SINGH, “THE ROLE OF LEGAL EDUCATION IN PREPARING LAWYERS FOR AI-DRIVEN LEGAL PRACTICE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 245-255, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The integration of Artificial Intelligence (AI) into the legal domain has ushered in a paradigm shift, redefining the traditional contours of legal practice. From automating legal research and contract analysis to predicting judicial outcomes and facilitating client services, AI technologies are transforming how law is practiced and delivered. This evolution necessitates a parallel transformation in legal education, which must go beyond conventional doctrinal teaching and incorporate interdisciplinary competencies.

This paper critically examines the influence of AI on key aspects of legal practice and assesses the readiness of current legal education systems to address these changes. It explores the emerging skill sets required for legal professionals, such as digital literacy, data analytics, algorithmic accountability, and ethical reasoning in the context of technology. Furthermore, the study highlights international trends, compares legal curricula across jurisdictions, and underscores the urgent need for reform in the Indian legal education system.

The research proposes actionable recommendations, including the introduction of AI-focused courses, clinical legal tech programs, collaborative projects with engineering institutions, and continuous faculty development. It also advocates for policy-level interventions by regulatory bodies like the Bar Council of India to mandate technological competence as a core component of legal training. The paper concludes by emphasizing that preparing future lawyers for an AI-augmented legal world is not merely a matter of innovation but a necessity to uphold justice, equity, and professional relevance in a digitally advancing society.

EFFICACY OF RESTORATIVE JUSTICE IN INDIA

AUTHOR – TATSAVI VANZARA* & DR. KRATIKA GUPTA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSOCIATE PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – TATSAVI VANZARA & DR. KRATIKA GUPTA, EFFICACY OF RESTORATIVE JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 238-244, APIS – 3920 – 0001 & ISSN – 2583-2344

RESTORATIVE JUSTICE

Restorative justice (RJ) has emerged as a revolutionary method for addressing harm, shifting the emphasis from punishment to healing. Unlike conventional systems that focus on retribution, RJ is centered on mending relationships, empowering victims, and reintegrating offenders through dialogue and collaboration. Drawing from both indigenous practices and contemporary criminology, it prioritizes understanding the human impact of crime rather than simply enforcing penalties. This approach includes structured processes such as victim-offender mediation, family group conferencing, and community circles, where all stakeholders come together to discuss the repercussions of wrongdoing and agree on reparative actions. For instance, in pilot programs in Kerala, a teenager who vandalized a shop might meet with the owner to apologize and undertake community service to repair the damages, fostering accountability while addressing the underlying causes of the behavior. These practices aim to rebuild trust and restore social connections, acknowledging that crime affects individuals and communities, not just abstract legal systems.

”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”

AUTHOR – BHAVYA DWIVEDI* & DR.PARISHKAR SHRESHTH**

* LL.M (CRIMINAL.LAW) SCHOLAT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR GRADE III, AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – BHAVYA DWIVEDI & DR.PARISHKAR SHRESHTH, ”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 225-237, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mandatory minimum sentencing refers to laws that impose fixed minimum penalties for certain criminal offences, and it has become a notable yet debated aspect of India’s criminal justice framework. Though introduced to deter criminal activity, standardize sentencing, and reflect a tough approach to grave crimes, such provisions often bring about unforeseen challenges. This study provides a critical analysis of how these sentencing requirements affect judicial independence, contribute to prison overcrowding, and disproportionately impact individuals from marginalized backgrounds. By exploring global approaches, particularly those adopted in the United States and the United Kingdom, the research emphasizes the need for proportional and case-sensitive sentencing. The analysis indicates that while mandatory minimums may serve punitive goals, they frequently undermine justice, fairness, and rehabilitation. The paper proposes reforms including the adoption of structured sentencing guidelines, safeguarding judicial discretion, and establishing regular policy reviews to promote a more equitable justice system.

Keywords:
Mandatory Minimum Sentencing, Criminal Justice System, Judicial Discretion, Prison Overcrowding, Sentencing Guidelines, Proportionality, Marginalized Communities, Punitive Measures, Sentencing Reform, International Comparison, Rehabilitation, Legal Uniformity, India, United States, United Kingdom.

LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA

AUTHOR – ANGELINA BLESSY J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ANGELINA BLESSY J, LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 220-224, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The maritime industry, a sector vital to global trade is often marked by legal ambiguity and worker exploitation. This article examines the diverse categories of maritime labour—including seafarers, dockworkers, offshore energy workers, and fishers—and the risks they face, such as poor working conditions, wage theft, and mental health issues. The Indian legal framework, while aligned with international conventions like the Maritime Labour Convention (MLC), 2006, suffers from weak enforcement and fragmented oversight. The use of Flags of Convenience (FOC) further complicates jurisdictional accountability, making it difficult for workers to seek justice. The article also reviews the role of international bodies such as the IMO and ILO in setting standards and supporting seafarers. Real-world case studies highlight the failure of authorities to protect Indian maritime workers abandoned in foreign ports. The article concludes with policy recommendations including tighter regulation of manning agents, port welfare desks, gender inclusion, and legal harmonisation. Ultimately, it calls for stronger coordination between domestic and international stakeholders to safeguard the rights and dignity of maritime workers.

Keywords: Maritime industry, labour, challenges, law.

BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS

AUTHOR – SHREYA KARDAM, STUDENT AT AMITY LAW SCHOOL NOIDA , UTTAR PRADESH

BEST CITATION – SHREYA KARDAM, BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 212-219, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted in India to provide a robust legal framework for the protection of children from sexual abuse and exploitation. This legislation has significantly redefined the landscape of child protection in the Indian criminal justice system by creating child-friendly procedures and imposing stringent penalties on perpetrators. However, while the POCSO Act aims to safeguard child victims, it also raises significant concerns about ensuring the constitutional rights of the accused, especially the right to a fair trial as guaranteed under Article 21 of the Indian Constitution. This study seeks to critically examine the impact of the POCSO Act on the balance between victim protection and the rights of the accused within the Indian legal framework.

The research focuses on the dual obligation of the justice system to both protect vulnerable child victims and uphold the fundamental principles of criminal law, particularly the presumption of innocence and the right to a fair, impartial, and timely trial. The POCSO Act introduces several special procedures, such as child-friendly courts, the presence of support persons, in-camera trials, and restrictions on bail and anticipatory bail, all of which are intended to shield child victims from secondary trauma during the legal process. However, these provisions often create tension with the rights of the accused, who may be subjected to pre-trial stigma, reverse burdens of proof, and constraints on bail that challenge established legal norms.

This dissertation explores whether the procedural innovations under the POCSO Act align with the constitutional commitment to justice, equality, and due process. It investigates whether the current legal provisions effectively balance the rights of both parties or if the scales have been unduly tipped in favor of victims at the cost of fundamental criminal jurisprudence. It further examines how Indian courts have interpreted and applied these provisions, and whether judicial discretion has been used to mitigate or exacerbate this imbalance.

In addition to doctrinal and jurisprudential analysis, this study also draws upon international human rights frameworks, such as the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention on the Rights of the Child (UNCRC), to situate India’s legal developments within a global context. The research highlights the comparative approaches adopted by other jurisdictions in balancing victim protection and accused rights, and the lessons India can derive from such models.

CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING

AUTHOR – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSOCIATE PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA, CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 195-211, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The research paper explores the evolving landscape of cryptocurrency regulation, focusing on the challenges and responses of various jurisdictions, particularly India, the United States, and the European Union. It highlights the legislative and regulatory shortcomings in defining “virtual assets” under India’s Prevention of Money Laundering Act (PMLA), which has led to enforcement challenges and regulatory arbitrage. The paper contrasts India’s ambiguous framework with the EU’s Markets in Crypto-Assets (MiCA) Regulation and Singapore’s Payment Services Act, which offer more precise classifications and robust enforcement mechanisms. The study underscores the importance of adopting a risk-based approach (RBA) as advocated by the Financial Action Task Force (FATF), emphasizing the need for countries to identify and mitigate sector-specific risks. It also examines the technical limitations in tracking blockchain transactions, which hinder anti-money laundering (AML) efforts globally. The paper discusses the role of advanced analytics and international collaboration in overcoming these barriers, citing examples like the WazirX scandal and the Lazarus Group heists. Furthermore, it analyzes the United States’ Bank Secrecy Act (BSA) and its limitations in addressing the nuances of digital assets, despite its rigorous AML frameworks. The research concludes by recommending legislative reforms, technological integration, and global cooperation to enhance the effectiveness of crypto regulation. It advocates for a balanced approach that fosters innovation while ensuring security, drawing lessons from jurisdictions like the EU and Singapore. The paper calls for harmonized global action to address the challenges posed by the borderless nature of cryptocurrencies, warning that without such efforts, the financial system remains vulnerable to exploitation.